Oh, give me a second. Right. Hello. What's he doing? I don't like it. How are you? That's it. just me. only
order forward time for the super The members of the board are citizens and residents who volunteer our time and are not paid for our services. The purpose of each hearing is to give any alleged violators
tested decision of the code compliance officer which resulted in the issuance of a notice of violation and to determine whether a violation of the villages code has occurred or is occurring. We are not authorized to dismiss violations based on hardships,
ignorance or the fact that others may be guilty of the same violation. These hearings are conducted in a quasi judicial manner. Our responsibility is to act much like a judge in a court and that is to hear cases presented by the villages code compliance officers and to
hear contradictory arguments presented by the alleged violators. We are not authorized to change the code. The village commission is solely authorized to enact or revise codes. Conversely, neither the commission nor the village manager have the authority to overrule
the findings of the board. Pursuant to chapter 162 Florida statutes, orders of the board can only be appealed to the circuit court of Miami Dade County, we have the authority to assess and order the payment of civil penalties, to issue orders having the force of law, and to
command whatever steps are necessary to bring a violation into compliance, and to assess administrative costs. In order to make a finding upholding the code compliance officer's decision, we must find that there is substantial competent evidence that the name violator was
responsible for a violation of the relevant section of the code as charged. All documentary evidence presented by parties the parties must be submitted for placement in the hearing file. No documentary evidence will be considered unless the alleged violator or code
compliance officer submits a copy for the hearing file. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues, even though that matter was not covered in direct
examination. To impeach any witness, regardless of which party first called them to testify, and to rebut the evidence against them. If you intend to address the board and haven't signed in, please do so. Anyone wishing to address the board and that includes anyone on
Zoom, please stand and raise your right hand so you may be sworn in. You are reminded that this board is a quasi judicial board and giving false testimony can be penalized. >> Please raise your right hand. Do you swear or affirm the testimony about to
give will be the truth, the whole truth, and nothing but the truth? Oh, as usual, I jumped ahead. >> Jamie Anderson >> here. >> El Blenton >> here. >> Ludy Hammer. Doa Berontos.
Michael Lat here. present. >> Do we have any additions, deletions, or withdrawal? >> We have a correction. What I was misspelled. >> I'm sorry. Which one? 7.4 report description
was a miss that word at the wood. I'm sorry. >> What I'd like to do, if no one has any objections, is take agenda items 73 at 1121 Griffin Boulevard first,
followed by 72 1016114 Street because those are the two cases our police officers are here to give testimony on. and then 51 because that's the same 1016 114th Street
be 73 72 and 51. When you're ready. >> Good evening. My name is Dorian Grant. I'm the co-director for the village of Biscane Park. Our first case on the agenda is in new business
section seven and it's item number 7.3. The address is 11121 Griffin Boulevard. It's the case number CE-26-0255. The property owner is 11121 Griffin LLC in care of their registered agent Q and
Q Business Services LLC. We are asking for an order of enforcement in this case. Uh they have been found to be in violation of section 10.1 offensive noise. This is a short-term rental. We asking a $2,000
penalty and the suspension of the license for 30 days >> if the officer. >> Yes, the officer is here. Officer, if you could introduce yourself and >> Yes. Good evening. I'm uh police officer
Joseph Yosa with the Village of Biscane Park. Um I I responded to this call. Uh we got a call of a noise complaint. Uh anonymous call always. Um when I responded, there was a large gathering
of about close to 150 to 200 people inside the home. Uh I was told by somebody in the party that they were celebrating the high school graduation. So there was about three to four different schools inside the house. Uh
we observed underage drinking. We observed marijuana. Uh we observed cars parked in the median. Um, we had to call other agencies to help us uh just to keep the safety of the kids because everybody dispersed when they saw us and
they called uh Ubers, they called taxis. So there was kids everywhere and to keep control and to keep uh the safety of the children uh we uh asked for assistance from other departments nearby. Uh they
did disperse. They did uh listen to us the first time. Um, and we thank them for that. Um, but we were never able to get the renters's information because nobody wanted to say that they rented. So that's why the uh incident report is
incomplete as far as that information >> from the board. >> Yeah, I got a couple. Um, so I'm looking at your report. You have your report in front of you? >> Yes. >> And is this uh is this the narrative I'm looking at? That's the same narrative. >> Yes. Okay. Because you just said that
there were uh 100 to to 150 people or two >> between 150 to 200. I put 200 on the report. >> You put over 200. So So it was it was up around that number. >> Yes, sir. >> Okay. I didn't You indicated that there were underage drinking there, but I
don't see that in your report. Um, we couldn't clarify that it was alcohol, but there was a large um uh smell of alcohol in the uh in the home. >> And then I don't notice I don't note that you um that that that you called
other agencies. What other agencies did you call in? >> Uh El Portal came out to help us and so did North Miami. >> It says it right here. Sergeant um Lopez got on the radio and ad and asked for assistance. >> Okay. It says it asked for additional
assistance, >> correct? >> But it didn't say that it came there. So it came there. >> Yeah. >> Okay. >> When you call they come. >> Excuse me. >> When they when you call, they come. >> Okay. I I you know, but you had indicated that you the peace was gained. It didn't indicate that the peace was
gained after everybody had showed up. So, so when you arrived, what did did you hear anything from the outside? >> Yes, there was a large uh sound of music. Uh people hanging out in the outside as well as when they opened the door, people just started flooding out.
>> And it was multiple high schools that you >> Well, that's what they told me. >> Okay. >> They they they gave me that voluntarily. >> All right. And then um as far as the dispatch, did you uh was the dispatch? You know who uh was it a complaint from a neighbor?
>> It was an anonymous complaint. Yes. A 911 phone call >> from Miami Day dispatch. >> Okay. >> The noise was clearly audible as far as the street when you pulled up. >> Yes. >> Very good.
>> Any other agencies? Um, like I said, it was El Portell in North Miami that came out to help us all together. >> How long did it take you to get everything dispersed? >> I would say about an hour and a half, maybe two hours.
>> Is the property? >> Sure. And while they're going up there, Dorian, let me ask you. You're asking for a $2,000 fine. >> Asking for a $2,000 penalty. >> Okay. And is >> it's a second offense. >> It's a second offense. Okay. Because it's usually a thousand, right?
>> It's $1,000 for a first offense. Second uh offense is $2,000. Just wanted to get first. >> Remember the first offense, there was a group of people that came witnesses live around the area.
>> Oh, yes, yes, yes, yes. Okay. All right. Thanks. >> Would identify yourselves and your relationship to the property? >> Right. Um hello, my name is Kevin. Uh he's Hugo. Um he the company we host we
we host send us only for leing the verdict final you know cuz um we are not the owners but we are we make the maintenance you know on the property and the owners or of the company send us for
le you know but >> do you have authorization to speak for the owner? Yeah, actually the the owner has um pay for for the maintenance with with the company, you know. So
>> when you say maintenance, you're talking about mowing the lawn. >> Yeah. >> Okay. So what do you have to do with the this part? >> Only for leasing the >> lease it? >> Yeah, only for le. No, no, no, no. We to listen. Yeah, we're going to hear what the outcome.
>> Oh, just to listen. Oh, okay. >> It's correct. >> All right. So you have nothing to offer for in to rebut what Mr. what the officer just said. Is that correct? >> I'm sorry. Say again. >> You're not providing any testimony today? >> No. >> Okay. So you can step back then. >> All right. So
>> enter onto the record. Police report number BP26053000000347. >> Was that And that was the first time the first one or is it that? Oh, you're just in introducing. Okay. And when you said that there was a prior one, was that the one where the guy said he had some kind of noise monitor or something? Okay. But
Okay. >> The owner and back. >> Yes. Right. And that's how we that's who we learned from. >> You've got the the document >> document. >> Yeah. >> Documents from the first one. And if I
remember correctly, at the at the first at the at the first offense, the owner said that he had some kind of a noise meter, but it never but he never uh engaged it or never did anything about it. He just came and, you know, said, "I got a noise meter." But, you know, it's like, "Why didn't you engage it or do
anything?" >> The first one was the one where we had quite a number of neighbors. >> Yes. >> Yes. >> Remembering that. Thank you. Yeah. I mean, but before that, I just want to say that what I'm compelled by first of all is that the officer is here
and that he's providing a uh uh his own testimony about what he heard, what he observed, and what he saw. Um I would suggest, you know, and and that's very uh you know, very good and and that's what I'm basing my opinion on or or my ruling on. In the future, I would
suggest and I you kind of do some of this for a living. So, I would just suggest that, you know, the more that you're right, the better that it is, you know, just for for the future. Um, but I am compelled by the the prior uh you know, the the prior offense and with
multiple neighbors and the owner was here and I find that today he is not here. Um, and he received notice of this hearing today. Right. >> Did receive he was noticed properly noticed. So, >> okay. >> And was property was posted. >> I have no further questions.
No further questions. I'd like to make a motion on case number C-26-0255 that a violation has occurred specifying of $2,000 plus administrative costs of $500.
Pay by July 31st, 2026 or direct the village to proceed lean. In addition, direct the village to uh suspend or cancel the um short-term rental license. >> I'll second
>> I just like one clarification if you don't mind. The suspension is that effective immediately. >> The suspension is um is effective today because now we have adjudication that we can move.
>> Okay. Well, I directed the village to suspend it as of today. >> 30 days. >> 30 days. >> I'll second. >> All in favor? >> I motion passes 4. So, we wanted to put it on the record
that they have to pull all their advertisements from the platforms ABNB, VR, VBR or whatever they call it. Wherever they advertising, they can't advertise anymore when they on under suspension. when they're under a
suspension order. What we've seen in the past is they continue advertising and sometimes they continue renting the places, but wanted to make it clear that they cannot rent the place and they cannot advertise. >> Are are they going to get that information when you give them the fines and everything?
>> Yes. >> Okay. And the gentlemen over here, I'm sure since they're listening, are going to tell the owner, you know, that you got to pull all the advertising. We will have that in writing because my concern always is lost in the translation,
>> right? >> We'll have that in writing in all the specifics. >> Yes, we include that on the wall. >> I believe >> it's for sale also. Yes.
>> Sign is for rent. Yeah, you're right. advertising down. Next case is no business in section 7 and it's 7.2. It's for the address 1016 Northeast 114th Street. This for case number
C26-0275. The owner is 106 Northeast 114th Street LLC in care of their registered agent. Northwest Registered agent LLC. We are asking for an order of enforcement second offense $2,000 penalty. They've
been found to be in violation of section 19.1.10 10 for allowed party at a short-term rental location. And onto the record, I'll enter police report number BP26061
600394. We have the police officer here as a witness. And we have neighbors to give testimony. What >> the property owner here for 1016 representative. Okay. Have a
representative. >> I do have one question. I see we have a police report, an incident report from back in March, but we never had that. >> Um I believe the March report, um we issued a courtesy, it was a warning. We
issued a courtesy notice. We didn't issue them. And the reason we did that was because there wasn't any loud music. It was loud talking. So I gave them the doubt and just warned them. Perfect. >> So, when you say second offense, was there ever an ad adjudicated case before the ones that are in our packet right
now? >> Yes, there was a first offense with $1,000 that was adjudicated here. >> And when was that? >> Was that back in >> November? Yeah. November 25. Okay. So, we should probably hear from the
police officer first and then the neighbors. Okay. Hello. Hello. How are you? Officer M. Officer Michael J. Marchesy, Village of Biscane Park Police Department. I responded to this location
of 1012 Northeast 114th Street pertaining to a loud music or party going on at that residence. It's a known short-term rental. We've been there before.
On my arrival, which was on the Tuesday the 16th, uh I did not hear any noise. I got to the front of the residence. I didn't hear any noise. I didn't hear any music at the first response. I went to the front door, one of the sides of the
house. Normally, I listen over that fence because the pools is where the action usually happens in these homes. I heard nothing, but I did see an enormous amount of cars around the vehic around the house and
down Northeast 10th Avenue, some of which were illegally parked. I knocked on the front door. I met a Miss Clark. Miss Clark says she was renting the place through Airbnb and she said that it was for her daughter's 18th birthday. Her daughter
also came out. I believe her name was Jada. Uh, I instructed them come to the front of the house and I explained to them that these vehicles have to move immediately and every one of them had to get out of there and they did immediately. I said I heard no noise and I heard no
music at that point in time but obviously somebody in the area has complained and there must have been noise prior to my arrival. Uh, my reports of course are full of integrity and I did not hear any noise.
So, but I told her if I return and do hear noise, any noise that's disturbing the tranquility of this neighborhood, they will be cited. Someone will be cited. They both understood. The mother said she understood. She said, "For the most
part, the party is over." And I did see approximately 30 children, 30 young people leave the party. It was a birthday party for her 18-year-old daughter. They left in private vehicles as well as a lot of Ubers. We get a lot
of Ubers that drop these young people off. They left and as it dispersed, it was quiet. It was quiet on my arrival and quiet on my departure. Approximately
an hour or so passed by. I responded again to that location. It was at 113 a.m. Since it went past midnight, it was on Wednesday the 17th. On my arrival there, I heard loud talking, yelling,
and screaming in the backyard. Uh, absolutely over 150, 200 feet from the residence and the poolside area. I stood in the uh in the the roadway like I always do and it was extremely
loud. People were yelling, people were screaming and uh and laughing and you could hear it all very well, which was a disturbance to this neighborhood at this time. I walked to the front driveway, heard the same thing, went to the pool
side, uh which would be the uh west side of that house, the the northwest side of that house. and I listened over the fence and I heard the yelling continuing. I knocked on the door and I asked for the mother that I
told that I would write the citation to or her daughter to respond outside. The daughter came outside, the birthday girl and it was her 18th birthday and I told her, "Listen, I told you if I come back this party's over. I told you originally
that we're not going to tolerate that in this neighborhood. no violations and obviously the first time somebody must have called for a reason and I understand the reason now. So I cited her. I gave her a civil citation on her
birthday cuz her mother wasn't there. She said her mother wasn't there. Although the mother's car was there, she said the mother wasn't there. And the mother did say she had leased this through Airbnb. Once again, that's not
supported by any documentation. >> You mean that this Airbnb was not there's no Airbnb document that you saw? >> No, none whatsoever. >> Dorine, is it a registered as an Airbnb? >> Okay. >> The daughter received a citation, civil
citation, and I said, "This party's over." Party was over. Everybody left. Everyone left except two of her friends. and that was going to be maintained on the inside of that uh the dwelling. Like most of the homes here, when they're
inside, there's no real problem. It's on the outside pool side that they echo all across to the neighbors, which are zero lot lines in some cases. And uh and I can understand it. So they all left. They left in a early fashion. Uh this
woman was pleasant to me, but she did receive a citation on her birthday. And uh all the cars uh left the area. There were no illegal cars, illegally parked cars and there was no noise whatsoever when I left.
And uh that that was the end of the party. That was my entire involvement at that time. >> Well, as a matter of a technical point, the fact that she was 18 at the age of majority, she could receive that citation now, couldn't she? >> Sure. >> The fact that she was 18 in the age of majority, she could receive that citation now.
>> Absolutely. It's her birthday. Well, Officer Marquez, I got to say that um your your testimony is compelling uh almost as compelling as you your very uh detailed narrative. I think you might want to talk to Officer Larosa about
about that because it it gave me a picture of uh you know of of how you approach this and the uh the manner in which you made your determination. Um, and the fact that you just received
a a call and went out there, but it you could not uh confirm what the call uh had complained about. It looks like you um you did about everything that we would want a village of Biscane Park officer doing in order to um to take
control of the situation. And it sounds like you gave the birthday girl and her mother uh you know uh fair warning. Um and it seems like that at at 113, you know, shortly after you left, you responded to another call, but this time
from an anonymous caller, correct? And when you went there, you uh confirmed with your own ears and your own investigation uh what the anonymous caller was reporting at 113. Correct. >> That's correct.
>> And that was different than what you had uh confirmed with your own ears and your own investigation from the the first call. Correct. >> That's correct. >> And the first call because you couldn't confirm it, you didn't issue a citation, but you issued a warning. The second call, you did get a you did confirm what
you were reported and that formed the basis for your issuing this ticket. Correct. >> That's correct. >> Okay. I mean, that's all I got. I >> think you did everything possible in the fair and right and respectful way.
>> It's unfortunate they didn't learn from the first trip. Now um Darin, I also see that there's a letter, uh, dated July 7th that's also part of this. Is that somebody that's going to testify?
>> Um, neighbor. >> Okay. But before they testify, I als I I do want some clarity on this. There's another report of March 22nd, 26. Is that is that uh it was officer
Right. But Officer Yrosa was the one who uh dealt with that call. >> Yes. And that was a warning. We didn't have him come over to testify because even though we've added this into the evidence and we've added other pieces of
information from other incidents and um police log calls, we wanted this to be the case that you indicated for the second offense. >> Understand? Well, Officer Yos is here, correct? Is that the gentleman in the back?
Do you do you remember this call? >> Okay. >> I mean, if you want me to consider I'm not going to consider this because this would be hearsay. If he wants to talk about it, I mean, I think we got enough to proceed with officer Marches >> asked him
from four months ago. We have >> No, that's fine. I but I'm just I just want to point out that that it is part of the record, but it's not part of the record that I'm going to consider because it's hearsay. But but I'm compelled by what I've heard from officer Marquesy in his diligent efforts.
>> We have neighbors >> and we all got neighbors. Yes. >> Okay. >> Thank you. >> Thank you. Am I excused? >> Yes. Thank you so much for coming. I appreciate >> Have a nice day. >> Oh yeah. in case the property owner would like to
ask questions. >> Thank you. Right. >> And the property owner, you do have the the opportunity, and this is a quasi judicial process. So, if you want to cross-examine the officer and challenge what his recollections are, >> I'd like to hear >> and which is at the appropriate time,
you will have that opportunity. And what you know, the the this the village has the burden. So, they're putting on the evidence now and then you'll have an opportunity to do whatever you want with the witnesses. folks who were planning to testify in this case to witness.
>> Did you want to speak >> propsy? Um the management company you can neighbor >> so you can go first and then the neighbors. your name and your
>> Jessella and I am the property manager of the of the property. >> Oh, okay. Before you start, you need to be swearing. >> Sorry. >> But she came in after >> sworn in. >> Raise your right hand. Do you swear that the testimony about to give will be the truth, the whole truth, and nothing but
the truth? >> I swear. >> Okay. So uh I would like to go back a bit to the first offense that we had then on the second one and the actions that we have taken and also who who are the neighbors I'm sorry so I can see you
okay uh and I mean I I live in a house myself too and obviously >> and you know >> sorry and um and in any way we have tried to be disrespectful neither to the people that we rent or anything like that we actually manage other houses
here in Biscane park and uh really this has been the only house problematic for us that had brought us the most um challenges in this sense I don't know because of the size um on the very first offense we added noise like a noise it's
called noise aware it's a noise monitor inside the home uh yet as you can see in this second offense it seems that the noise is coming from the outside so it wasn't captured by our systems the systems that we had put uh because well obviously like if it's on the pool, it's
not going to be heard by the monitor inside or not as loud as it should. Uh since we've gotten this um well, we took the listing down number one, but then then also we installed an additional monitor that will now capture the sound on the exterior of the property. And we
have added cameras as well pointing at the at the back too, so we can control the number of people that are there. Uh and also when we see that something might happen in this case for example that you know there were a ton of cars in the driveway according to to the
police and and maybe more capacity uh than what the people that was booking there uh originally we can catch it before it escalates. So that's what we have done right now uh moving forward
and uh just want to transmit that our idea is not this like you're free to get my phone number I'm typically available 247 if not Johar from my team is also as well uh our idea is not that it escalates to that now we have the measure so it doesn't uh but we're also
super reachable 247 the least that we want is that you are inconvenienced in in any way uh so Well, with that statement, uh, I don't know if you guys have other questions. >> I've got a couple questions. Sure. So, so firstly, let me just understand the sound monitor. You said you have it in
the house because you have had a prior uh uh violation >> the November one. Yeah, the 2025. I I cannot remember than the actual month. >> And did you testify in that in that proceeding? >> Joe Hurricane. Uh, yeah, exactly. My my >> and and and this is a sound monitor
guide, right? This is one. This is a sound monitor one, two. This did you have the sound monitor there in November? >> We had the sound Yeah, we had the sound monitor but inside. >> Okay. >> Uh we now got an exterior one as well because >> Well, let me ask you a question. I I
understand that. I heard the testimony, but uh wasn't the was the first violation have to deal with uh noise on the outside? >> Uh I am not completely sure. I don't think so. No. >> Okay. What happens if the sound monitor goes on and uh and what does it do? Like do you get an alert on your phone or
something? Yeah, I can show you. >> No, I don't need to see it. >> Yeah, I have it. We have it on our phones, not only him and I. >> What would you do? >> Well, you get a notification when there has been sound. We have alarms and uh right now we have it above 70. >> What do you do? Do you get in your car
and you go over there? What do you do? >> We live here 20 minutes away. So, number one, we would call the guest before actually coming here and say, "Hey, this is going on. Uh, you know, you either stop it or not." And we can see in real time if they've stopped it or not, basically. Okay. Now, on the night of
this incident, you were not there, correct? >> I wasn't there. No. Okay. >> So, there's nothing that you can really say that would challenge officer Marquees warrant testimony. >> Nothing. >> Okay. So, you So, you don't challenge the fact that there were par cars illegally parked in the in there. >> Exactly. I have no evidence on my end.
Uh just because we don't have we didn't have the cameras or the outdoor outdoor noise monitor. Uh I understand that he had to come a second time because in the first one he couldn't hear, but outside from that, no. And further, you were you don't have anything to challenge Mr. Marqueesy's testimony about when he got
the anonymous phone call at 1:13 in the morning and went there and and uh determined for himself the amount of noise that was going on in the efforts that he did as a result of >> that's correct because the noise monitor uh was inside and that was quiet.
>> Okay. Okay. >> So, I'm not here really to challenge you. more to explain to you guys what we have done uh to the neighbors out of you know respect and we want to be good neighbors number one and then lastly if there is any sort of like amnesty on the
amount of the of the um fine what's the process for that >> we're going to get to that but but I just you know officer Mark please >> to challenge >> okay so he's these guys are on the clock so I guess we can let them go >> enjoy their evening >> thank you
>> appreciate it >> appreciate it officers have neighbors who would like to give witness. >> Sure. Go ahead, sir. >> Hi. >> Good evening. >> George, um, can you swear me in or No.
>> Were you here when they swore everybody in? >> I was here. >> So, you're good. >> Okay. >> Well, let me ask you a question. Where do you live in relation to this house? Like right next door? A couple right next door? >> Yeah. >> East side of the road, opposite side of the road. >> No, I'm on the I I border on the west side of uh of this property.
>> So, you guys share a property line? >> You share a property line. Okay. Yeah. So, I have access to I can see or hear the the yard and whatnot. >> So, um I have nothing against Airbnb in particular. My my main concern and and I can potentially propose a solution is
this. This is a two-bedroom house and it markets itself up to for 14 people. >> So, imagine who you're trying to attract. That's what's happening. This is why this house is repeatedly an offense. If you put it to five, six,
seven people, it's going to be normal people. This calling for seven people uh for 14 people, seven beds. I mean, I have a the listing is down, but um I should have taken a picture, but it says seven beds, two private baths. Um, for
the most part it's fine, but every so often we get these crazy incidents and we have door slams and loud music and screaming and yelling and there's a nice pool in the back. So, there's jumping around and there's police calls. It's not a good look. Um, it's just it's not great. I I don't want to uh I I wish if
it were my if I can get my wishes, it would be for them to modify the listing. Not necessarily saying close them down. And I would just say uh bring it down to a normal capacity adequate to that house and then maybe things can flow as their other properties do. Uh that's just my concern and I'm right next to them.
>> Let me ask you some specific questions about the night of June 16th going into the June 17th. You heard Officer Mares Casey's testimony? >> I did. >> Okay. And with respect to the the what what he testified to about the the the loud uh party and the and the loud
voices, the yelling, the laughter and and around the pool. Did you experience that yourself that evening? >> Yeah. Yeah. >> Okay. I did it. >> And were you did you get awakened? Were you already awake? You know, >> no, I was awake. >> Okay. >> I was awake. >> And and and how would you describe
uh you know the noise? Was it a dull roar? Was it you know was it offensive? like you was it extremely loud, all the above. >> Yeah, I can tell like just with doors shut, I can hear a party. That's fine. Doesn't bother me. The doors are constantly open. They're left open and music's just blasting out. Uh the way
that house is situated, it just carries over to to my yard. Um Yes. Yes. I read a little message. >> That's your email. >> Yeah. >> You're George Fermentoto. >> Yes. >> Okay.
Yeah. And you and you say here that uh I mean as you testified to here under oath that excessive noise uh constantly entering and exiting the doors were slammed a lot of yelling not an isolated incident. >> All true?
>> Yes. >> Okay. >> Certainly. >> How long have you lived at your property? >> No, I'm actually I build the house. Uh so it's just been this year. We finished it a couple of uh maybe like three, four months ago or three months. Uh so um my experience is is limited in the sense
that I I when I when I was there during the construction process I would see and now that I spend more time at the property uh I am experiencing the effects of the night and I was there I happened to be there that night for the incident. >> I mean I guess you're it may be limited experience but it's consistent in terms
of what you're experiencing. >> Yeah. Yeah. It happens pretty often and then you'll see a note there that marijuana litter creeps into the yard and >> not exactly welcome. >> It's not great. It's not great. Not ideal. Yeah. >> Okay.
>> Anybody else want to speak? Yep. We got some more. >> Come on up. >> Thank you. >> Thank you, sir. >> Thank you, sir. >> Hi. Um, Charlene Cor7 Northeast 114th Street. I live across the street and I am the one who calls
all the time with the police. I sometimes give my name, sometimes I don't. I have 12 documented phone calls on my phone right now from the last two years. Sometimes it's multiple times early morning I get woken up. I sleep in a back bedroom on the north side of the
street. There has been um multiple parties where I don't know how many people they rent to initially but it ends up being cars up and down our street in our swale on 10th Avenue just every which way and
then the door slamming starts the cars the yelling and screaming the loud noise and then the garbage they throw stuff in the garbage can and it's it echoes. Um, we've had parties where people show up and I would consider them escorts
because they're scantly dressed and they have their little suitcases. >> We have to ask you in this case because here >> I I called because it woke me up. >> Stick to that night. >> Okay. Yeah, it woke me up. >> So, you were the one that called at 113? >> Yes.
>> Okay. You are not Charlene. >> I'm Charlene. >> You're Charlene. >> I'm Charlene. Yes. So you called earlier and then you and you heard uh officer Marqueesy's testimony. >> Yes. >> And was that consistent with your recollection? >> Yes. >> Okay. And uh and he did speak to you that night when he first went over there and said he gave him a warning. He
didn't hear anything. He can't do anything. >> Right. >> You understood that? >> Yes. >> But then when you called again, >> it was put me up again. So yeah. >> Okay. All right. >> Very good. Well, thank you very >> if one of you lived next door to what
we've been through on our block, this wouldn't be happening. >> And how long have you lived in Biscane Park? >> I've lived in Biscane Park for 60 something years. >> Okay. Welcome to the neighborhood. >> Yes. I mean, I have nothing against the Airbnb. We had a lovely couple there
from Germany. They were wonderful. We didn't want them to leave. They were quiet. They were respectful. They became part of the community. They were like, "Oh, we'll help you look for your missing cat." They were so lovely. It's hit or miss, but what's happening is like what George said, they're renting to a certain amount of people and then
all of a sudden it's put on social media and you've got a party going on and >> and you and you know, aside from this and and we're only here to talk about this, but but you have at least called a dozen times. >> Oh, yeah. And I mean, there's probably
times I've flipped it off my phone or um for some reason I didn't document it, but yeah. And the police the the police I'm like have them on speed dial and they tell me to call when this happens because they don't want this. It's we're used to quiet, you know, and we've had
deaths on our block. We just had someone die of cancer. We have someone else with stage four cancer. I take care of a mother with Alzheimer's. I need my quiet. I need my sleep. And I know they're running a business, but there's got to be a better way to do it. >> Well, as an owner, you have a right of
quiet enjoyment. >> Yeah. Thank you. >> Well, thank you for your time. Thank you. >> Anybody else? >> Anyone else on that? >> We got one more. >> How are you? >> How you doing? >> Uh my name is Carmel Opir. I reside at
1035 Northeast 114th about three or four houses down from this particular house. Between George and Charlene, they pretty much covered it. Um, and I'm usually the last person to ever stand in a podium, complain, or
make a call. This particular incident though changed. >> And when you say this particular incident, you're talking about the one on June 16th going into the 17th. Okay. So, you have a personal recollection of that. >> Oh, absolutely. Okay. And go on. >> You know, in general, to Charlene's
point, many, many, many incense. You kind of just let it pass by. Um I think the key word that I heard earlier was neighbors. Um you want to be a good neighbor and that's fair enough and very welcome. The issue is that
there are people that reside in the neighborhood uh 20 30 40 60 years. In this particular case on Tuesday um I had went to visit um a neighbor. I I'll leave them nameless if that's
possible. We have a neighbor that she lost her husband uh the day before, two days before and a couple of neighbors came over to help her out, bring groceries and so on. I came by about 9 9:30 and while we were there and it was
kind of somber, the music started to escalate. The noise started to rise and although the people that were there, yeah, it was birthday now I find out and it was celebratory. Great. The issue is, again, this is where it's a little
shaky, is I'm dealing with someone who's grieving and there's a party two houses over and it's getting louder and louder and louder. Um, fortunately, she has uh high impact glass windows, so it was a little bit quiet when the windows were closed. When I was leaving at
approximately 10, 10:30 and I was walking to my house, I had a feeling something was going to, you know, uh, it just wasn't going to bode well. As the hours passed and I was taking my dogs out for a late night walk, this is where I think the call started to come in,
complaints, and I honestly didn't know what to do. Um, I was conflicted because I don't like being that guy. I think that, you know, you want to run a business, that's great. If it's all above board and it's legal and everybody is abiding, great. But then there's these these situations that you don't
really know what to do. The following morning after I thought about it, I had come down to the police station and um where's that office? Yeah. And uh I just said, "Look, I I don't necessarily know if I want to file
a formal complaint, but I need everybody to be aware of what's going on primarily because this is an ongoing issue." >> Let me just interrupt you there. So, you went to the police station the day after the event that was cited that's before us today. >> Yes. And and I was told because I didn't
call at the time of the incident, they couldn't accept. So, well, that's a little weird, but okay, fine. It is what it is. But I I found the conversation and the dialogue actually very helpful and um everybody seems to be understanding that there's not a super
villain here. What there is is a situation that is progressing towards the wrong direction. And I need to say that aside from noise, there's an issue. We don't have sidewalks at Biscane Park. It's walking down the street. There is
increased uh traffic. There's increased speeding. Safety is an issue. Parents are walking their kids in carriages. I'm walking and various people are walking their pets.
There's a lack of respect, I would say, by those that don't live here that are participating in a short-term stay. Come to Miami. It's great. Let's have a party and so on. And believe me, I come from that world. I respect it. It's great. We're a great town. But neighborhoods
are just that. They're neighborhoods and they're meant to be a sanctuary for those who live there. And this is a very unique gem of a neighborhood. It's a beautiful pocket. It should be preserved. It should be conserved for the people who live here and those that
do move here and invest, not feel that they're making a mistake because now it's becoming a rotational short-term transient situation, which in and of itself breeds lack of safety. It breeds strangers coming in for short term not
caring about the area. To Charlene's point about litter, I'll add to that when I walk the dogs now they're seeing the, you know, smelling the food. There's incidents of like chicken bones on the on the lawn. There's increased rodent activity. Uh it's just it's just
a scenario in which there has to be a level of increased enforcement. I actually like the idea of that monitor situation, but that doesn't control traffic. It doesn't control the people that are renting and then calling and saying, "Hey, there's a party going on.
This place is amazing." And then you have 20 people coming in and then that's where they're parking in the medians and swailes and so on and so forth. And I don't have an answer of how that can be controlled or enforced. But the idea now and I'm hearing also that there are more
houses applying for Airbnb businesses or we'll say short-term rental businesses licenses and I would encourage another look at that. It's just something that will absolutely affect the um the fabric of the neighborhood. So if you have any
other questions about that particular night >> piece of information unfortunately >> local municipalities hands to a large degree are completely tied. It seems like almost every year the legislature
sends down new regulations that force local municipalities to actually loosen what they were able to do a few years ago. So we're not autonomous in being able to deal with it. So some of
what you see is not the fault of local officials or of the police. It's what the edicts come from Tallahassee. >> I'm I sensed that that was the case. The issue is though if it's just if we just go back to the basics disruption of
peace noise violations and my main concern aside from all that is the safety of those walking. There's not a lot of street lights in the area. People walking their dogs >> something we can deal with. >> Yeah. You throw a little uh alcohol in
the mix, it gets really loud and then it gets a little >> No other questions. >> Yeah. Well, before you do, I just want to make a comment that, you know, because I want to address because there's there's testimony here. I wouldn't say that it necessarily conflicts, but it certainly
does uh paint the picture of um we had officer Marches uh and three witnesses who all provided sworn testimony about what happened on the night of June 16th going into June 17th. And it's all consistent with respect to uh you know
what they heard, what they observed. You know, in one case it interrupted somebody's sleep. In another case, it interrupted somebody's morning on that road. In another case, it interrupted somebody a new neighbor who had the who had just moved in. Um we did hear testimony from the building man, you
know, from the property manager that uh that they installed these monitors. However, this is a second offense. And what really compelled me uh because you know I did hear the George's you know in and and this neighbor's suggestion that
maybe we do something with regard to you know uh the noise monitor and and regulating. But the problem that I have with that is that this is a second violation. And what and and back in November of 2025, there was a violation.
And the what what overwhelms me is that this is and we learned from the testimony tonight that this is a two-bedroom house. And you're advertising that you can sleep up to 14 people. And the excuse that there wasn't a noise monitor outside and we'll get
one doesn't rise to the level of responsibility because there's reasonably foreseeable that if you're advertising that 14 people can cram into that two-bedroom house that there are going to be people that are out by the I believe it was a quote a nice pool outside that uh that that there people
are going to be congregating there. So I don't find that information persuasive at all or the suggestion um you know enough. So I just wanted to put that on the record >> I mean on this case this particular one
you're asking for the $2,000 >> penalty and the >> the suspension for 30 days for this case >> to make sure. So, it's not a permanent. It's 30 days. >> For this particular case, we're asking um 30-day suspension and then we are asking for more penalties after. But
I'll let you roll on this. >> Okay. To clear that up before number- violation has occurred fine of $2,000. Administrative cost of $500. licenses to be suspended for the
short-term rental for a period of 30 days. No advertising for rentals. Uh the fines are to be paid by July 31st of 2026 or direct the village to um proceed
with moving forward with um I'll second. >> All in favor? >> I. >> Any opposed? Motion passes 4 Z. I want to thank everyone who did take time to come out tonight. Thank you very much.
>> Thank you guys. So there is an addition that we had to add to this case um to this property and it's two cases C26-2 um
296 and the other case number is 26-0299. These are new cases that we recently issued. After this incident, um the manager was injected with complaints, a lot of complaints from the neighborhood.
Some of the people that complained have not showed up here. As you heard from the officer, um one of the officers in that one night, he was called out three or four times. With every call, um there's expense for the village. So I
included a call log in one of the additions um just to give um the board an idea how many times police has had to go out there and also to add that with every call the police gets they have to report to code and then code has to go
out and do one or two inspections. So, that's a lot of expense on the city. And the manager looked at that and uh looked at the history of the property and everything that's been going on with traffic and and the safety issues. And the manager decided as the administrator
of of uh the short-term rental license to give these neighbors a break. And and um he he requested to suspend this license for another year for the coming fiscal year. What we already did tonight, we'll suspend it for 30 >> for 30 days.
>> Day. >> Correct. >> Then instead of it being allowed to renew on October 1, it will be suspended. >> The manager is asking that we suspend it for a year. >> Now in this packet, I see the violation
um 0299. Do we not need to hear that? >> So in Yes, we can. I can talk about 299 because I made a recommendation as staff myself um going through this meeting with my higherups and uh talking to the management. I called and spoke to
someone in management and I asked them that there is so much going on with this property and I asked them to kind of halt. Let's wait and see what happens. Let's stop um the the renting out the property for now and let's resolve these issues. But however, they continued
advertising. They continued renting. I had been out there myself several times and met with their tenants. So on um I believe uh July 6, I received an email from one of their tenants. >> I was going to ask you how you got >> No, one of the ten from the short-term
rental who rented the place emailed me complaining about this the state of the property. Um the >> one of the renters, >> it was one of the renters. Yes. Uh the property has been infested with uh rats. gross.
And she sent pictures of what they woke up to in the morning on the first day that they rented the property. They had to check out. There was rat um droppings on their plates. There was rat droppings everywhere. And you can see from the
pictures that she sent, the manager sent me out there right away. He said, "You need to go to this property and I need you to get inside and and see what's going on." When I arrived at the property, there was a gentleman checking in. So, he let me in and I did see droppings
under the sink. It was smaller ones than what uh the the other person was a the pictures she was uh she put into the evidence and um >> So, did you take pictures? >> I did take pictures and they should be there. >> Okay. So, some of these pictures are yours. Some of >> you personally observe
>> personally >> with the rat droppings and things >> and I saw droppings at the pool side and like the neighbor that is on the west side is I had to actually inform them to do pest control because they're right there and if there's droppings at the
pool side they're going to get infestation in on their property. So considering that this is a a a real health hazard not not just for the people they're renting to but to their neighbors as well. We as staff are also recommending that this license is not
renewed for the next year. >> Hold on a second. So So is that another agenda item that we're looking at? Is that >> it was an addition? >> That packet. That's the addition. Okay. Okay. Well, no, because I think I didn't download it to the one drive.
So So it's So can I just see the file? >> So there's not only the safety issue with the vehicles. Now we have this health issue, safety issue that if somebody got sick with all this stuff we have going on in the country now and these are transient uh tenants. They're
coming from different states um they are moving back to it and they they'll take something with them and there's huge liability for the village because now this has been reported to us. We have to take action. >> So you want this to be violated for for 30 days if uh
>> the 30-day suspension was for the second offense. That's >> right. But that that clock is going to end before October 1st. >> Correct. >> So they'll be able to rent for several weeks and then >> several weeks. I would say they don't they you know they focus on getting this
place cleaned up but they can if they want to if they do clean up the the place you know in the fiscal year coming up the manager is >> so procedurally I'm just trying to understand this. Okay. Because what you're trying to, you know, what it
seems like is being requested is that we uh prospectively assume that they're going to renew and that we want to uh prospectively say that we want to uh not allow you to do
so. Is there anything in the in the short-term rental policies that indicate that this is a you know where in there does it allow you or allow us as a village to do that when the violation that I see is 19.15
which is license required. So license has not been requested is not even time for it. So that's what I want I need to understand >> right if you read the whole ordinance there are clauses in the ordinance that gives the manager or their designate the right to issue or cancel or refuse to
give a license based on violating parts of this ordinance. Now while some of these are property maintenance violations in the ordinance is incorporated that they have a responsibility to take care of the property and take care of the you know
property in such a way that it doesn't um compromise the health the safety and welfare of the village and the public. So what I want to understand is that and I understand the authority that you're saying that the village manager has but
and and incite me to where that is where it says that the village manager can prospectively take away somebody's right before it has even ripened to the point to that point because if it's not there then it would appear to me that the appropriate way to
approach this is that the person uh file for their renewal and then get denied at that point where the village manager is basing it on his rights and his power and his responsibility based upon the ordinance and then there's whatever
process for that homeowner to try to appeal or whatever I don't think that this is >> that makes a lot of sense >> right for us >> so this happened progressively so when we talked about suspending the 30-day license when this violation happened and we had a meeting with the manager the
manager suggested the one-year suspension now when we looked at the case we realized ized. This license is about to expire in two months. So, it wasn't going to make any sense for him to suspend this license for a year. My recommendation is this license is coming
up for renewal and we may deny. I think the confusion in because we're seeing renting without a license. Well, they're not yet without the law. then you corrected it. And one of the things that appears to buttress
or the ability for the manager to do this is and I'll try to read quickly. Notwithstanding anything otherwise provided herein by this is chapter 19.15. Notwithstanding anything otherwise provided herein, violations of this chapter also be subject to all the
enforcement methods and penalties that may be imposed for the violation of ordinances of the villages provided in the village's land development code. Nothing herein shall prevent the village from seeking all other available remedies which may include but not be limited to injunction relief, abatement
of public nuisance, leans, fines, etc. So it would appear when you have this level and again I the confusion started with the renting without a license which did not happen yet the village can according to the way that reads.
>> Well I know D wants to say something but I just want to just add I appreciate what you read but I didn't hear anything in there that says that we have the right as a village to prospectively deny somebody's opportunity to apply for a license. And it seems to me that the
village manager has that uh that that power to do it upon the the time when that when that ripens. Maybe they don't, right? So, how can we take away something that you had even asked for? You know, that's that's putting the card before the horse. But anyway,
>> as a board, then we requested the village, which would mean for a year. >> You can >> then um in July of August of 2027, they could then apply for two months and
>> then we can deny it then too if >> if if things hadn't changed, >> right? Not yet. >> But procedurally, procedurally, our ability to do that, I think, just expired when we just ruled and put that in the books as it relates to that last
violation. And that was a decision that the village made with respect to how it wanted to proceed and what it wanted to ask the board for the relief that uh that it requested and which it was granted. So, I think that we're left with they have a violation for 30 days
and then the manager's got a decision to make on October 1st. I think any I think to deny somebody's right before they even exercise that right is a viol is is wrong on a lot of levels. And uh you
know and and that the homeowner, however um responsible that they are for this violation that we've just adjudicated them on. And I think we adjudicated with exactly what you requested and the village requested uh that um that they
still have a right to uh to apply and at that time when the village manager wants to exercise his responsibilities then then he should and then there's a process for you know for for for dealing with that denial at that you know in that venue but this is not the
appropriate forum to do this. >> Yeah and I see what you're talking about Michael. It's under um yeah on page 10 of section C of 19 216. Yeah. And under D is revocation license
which is all spelled out suspension of the license, revocation of the license. You know those are all things that are in CO8 if to use a legal term. it has not yet ripened. It's not here yet and it's really not our responsibility.
>> I understand that and I think the manager does understand the powers that he has. However, um a a case like this, it it's always better to bring it to the public so the public understands what staff is doing. >> Exactly.
>> Oh yeah. What if it's brought back to us in September? We know by then whether or not they're upon. We know how things are going. We can make our suggestions,
but he has not applied. when he applies. There's a whole section here that Dale just pointed out giving the manager the ability to suspend a license, revoke a license, deny a license, and at that point is that's who needs to make that decision, not us prospectively. So
whether it's September or whatever, it doesn't matter. We don't have to weigh in one way or the other, >> right? This is just not the appropriate forum. The manager's got to do what, you know, he believes the right thing to do is, but it doesn't it it's not something that we need to be doing because we don't have the authority to
prospectively deny somebody's right. >> Understood. >> I see your point. Well made. Thank you. >> We still have to deal with the uh notice of violation 0299. Is that the one with the health?
>> Yes, ma'am. >> That's where it's part of what? >> It's part of the addition. So, if you would like this number, >> what I mean that that's the new agenda
item that which I have is 5.1. Is it under 5.1? >> We put both under 5.9. If you want to hear them separately, that's >> But there's a violation. I I only see the violation for the license suspended required, which we just dealt with. Is there another violation that you named?
>> What we really didn't have because the way this was phrased was without a a license. We don't have that. We would have to essentially dismiss. Yeah. Right. >> Okay. So, let's back up.
>> No. Five. 5 5.1. Are you going to make a motion on what we just talked about, right? >> 96. We effectively have to dismiss because there was no renting without >> Do you want me to do it? Okay. Is that this one right here?
>> Yeah. All right. So, I'd like to make a motion on C26-0296. Based upon the facts and the discussion that we had tonight, I'd make a motion to dismiss uh the violation of license required because it has not yet occurred.
>> I'll second. All in favor? >> I opposed. Motion passes. Now, honestly, on 0299 because it was not on the agenda, I'm I
would like to pay it when it properly advertised. >> That's a good idea. >> It added it early that would have covered it, but by not additions and it's not on the agenda, bring it back, please. But my motion
would be on C26-0299 to table it and bring it back on August meeting when it can be properly agendaized. >> I'll second. >> I motion passes. Go right ahead. >> A judge once told me that when I kept
arguing after he ruled in my favor that I was going to snatch defeat out of the jaws of victory. If you think that you got to say something, say something. But we've already ruled. I do understand point but I still want to point out um that we have had pest
control in that house for the past three years. I can send you >> I know but I just want to specifically for the officer because I even sent a letter to your email um Joeid >> saw the letter. >> Yeah, exactly. This is a house. I mean,
we we all know that you can even if you have pest control, even whatever you have, a crack can open in a house and you might have mouses coming like even if you have the same as a roach, the same as everything, you may have the best in place and it's going to happen.
>> As a property manager, if I were you, I would I would call them up and say that you're getting uh you're getting jammed up by the Village Bisang Park and show them the photographs and maybe get your money back or get a you know, an extra service. >> Yeah. Yeah. Yeah, certainly. I I even switch companies and everything. I just
want to point out that we are take, you know, we took the steps to fix that. It was a one-time happening. We took the the steps and we had pest control before and after and we changed companies >> running a public facilities actually. >> I understand.
>> So, the standards have to be followed a lot more carefully. >> Indeed. >> And also there's a lot there are a lot of traps in the house. So you are aware that even though you're doing pest control, for you to have that many traps in that house, you know, you have rats in there. So I it's not acceptable to me
and the case is not being heard now. I'll leave that for when we bring the case. >> You know, not snatch victory. The next case is under section 8 of the
agenda for fine reduction and it's 8.1 for the address 11403 Northeast 8th Avenue. is for case number CE25-0929 Lavanta LLC in care of the registered agent Ernan Adenir.
They're here for a fine reduction but found to be in violation of section 16.15.2 landlord registration. Uh they have since uh paid uh for the landlord they have obtained um a registration their
registration. They paid um some abatement fines that were assessed on the property. They have paid the fines that were assessed from the order of enforcement, but they have an outstanding uh fine of $3,000 that run over a period of time. Um they are
suggesting and they're offering $500 and we are recommending the same amount. >> I I didn't see their request in there, but it sounds like that nobody's disagreeing. said >> I I don't see their I don't see their document in here where they said that they
>> Oh, okay. Here I see it. Oh, it's just nice and typed up. These guys are >> It was so easy. I was >> very nice. >> Very good. >> We recommend $500 as well
>> to cover administrative cost. >> Yes. >> Because they paid everything else. Correct. >> Landlord registration. Come on. That's an easy one. >> I do. >> I keep screaming in the appropriate. So,
>> Congratulations. >> Hang on. We didn't file the lean. Oh, okay. >> You did. >> Okay. It's fine. $30 in filing fees. >> My concern being that the notice of
violation was um issued in November. The uh the landlord permit wasn't paid until after the lean was >> right filing for the expense like what 40 bucks or is it is it more than that? >> This was $21 around $21.
>> Oh $21. But did you consider that when you were putting together your 500? Well, the 500 because it's 250 250 usually for admin fees and the valley fine. So, we're okay with the 500. >> Good question.
>> Thank you so much. Appreciate it. >> I'll second. >> Thank you so much. pay by July the 31st for the um remains. >> Thank you so much. Have a good night.
>> Yeah, I second. >> All in favor? >> I oppose. Motion passes 40. Thank you. Next case is under section six of the agenda and it's 6.6 for the address 1225 Northeast Fifth Avenue. So, case number
CE-26-0048, more Schneider and Bar R. >> Hi, guys. >> Thank you. >> Um, the fines have run up to $7,500. We don't have any permits at the moment. We have filed an affidavit of
non-compliance. They were found to be in 16.14.1 double fee permits for an outdoor kitchen that was installed without first obtaining a permit. property owner here and he's asking for time. >> All right. Let me first of all ask you
um uh has an application been applied for? Have you been in contact with the owner? >> We tried to get in touch with them but I learned today that they were out of the country. >> Okay. And when was the violation
initially? when it was issued since February 116. >> Yeah, we wasn't we wasn't here. >> Yeah. So So So five months? >> Five months. >> Yeah. >> Okay. And you're going to get a chance. >> So
>> and the order was in April. Still no action. >> There's still no action. Okay. Well, the pay by Yeah, the pay by >> I'm sorry, but the notice would have gone. >> Okay. >> All right. So, anything else to add,
Doren? >> That's it. Okay. >> You would identify yourself. >> My name is Mo Schneider. >> And your relationship to the property? >> And I'm the owner of the property. >> Okay. >> Mo Schneider. Uh, >> so I just didn't see the violation. and
no one contact me and I think 3 days ago when I came back I saw a notice on the door immediately I came here and this nice lady told me to come today to the hearing first time that I doing something like this in my life. So let
let me just understand that the violation how was the violation communicated initially back in February? >> The same way we do all violations certified mail uh we posted the property and we've emailed them because I met the wife um when we uh issued a violation to
the house for another uh um violation. So she had been to the office and we did have her contact. So we did email them. >> And so you have an do you have an email address for them? Okay. And when you said you sent when you said send certified, did you do a term receive
requested? >> Wow. >> Okay. That came back. Okay. >> Okay. And then you said you had an email uh communication. When was that? >> Did that get bounced back? And did that come back?
>> No, >> it went through. Okay. >> Okay. >> So, uh, we was on a s Sorry, take your time. So, we wasn't a my wife was having a surgery and I just noticed uh I forgot
your name. Sorry. Yeah. I with my email address. So anytime that you guys need to contact me, it's going to be through through me because my wife h can deal with stuff like this right now. And I just >> I just >> You got it back in She got it back in
April. So was your wife's So you're >> we got back today. It was three days ago, >> but you're testifying under oath now that your wife was it the wife's email that email to? >> Okay. And your wife received the email? >> I have no idea. >> Okay. So >> she she couldn't even see the email if
if she wanted. >> Okay. So you can't you can't say one way or the other whether it was received or not? >> No, I don't know if it's received or not. >> Okay. Because there you because you indicated that you just found out, you know, when you got home. >> When I got home, I saw a notice on the door. Yeah. >> But there but the testimony is and and
she's providing testimony. We're listening to testimony. That's why we all swore to tell the truth. And that testimony is is that there were two notices that were provided. uh three one got returned a certified letter but two emails that were sent in April and in
June that were not bounced back and you don't have anything to rebut that so it so from my standpoint you did receive notice you know whether I don't know what your wife's situation is >> but >> I'm not argue with that maybe she said I
I see that she sent the email right now this is my first time that I see that she said an email I didn't I didn't even know that is this is how it works I saw the notice on the and I reply immediately. I called to my contractor and I I just need more time,
>> you know, they'll >> um but the daily fines, so you have to understand, will continue until such time as not only is the permit full, but that the inspections are all We give you until, well, I'm sorry. If
the board agrees, we'll give you until September 29th to actually pay for and obtain permit. The daily fines have to continue. >> The daily How much is the daily fine? >> The fines are two days. >> However, there's a silver lining to the
folks that you just saw testify or or come up here. Once you get everything straightened out, the daily fine is going to keep going up. then you can apply for a fine reduction. >> Okay. >> Okay. >> But that'll be another hearing. You'll have to come and tell us, you know, what you want and and uh we'll have a lot of
reliance upon the work that they had to do. So the best thing that you can do is to really stay in communication and get it done and then come back >> here. >> Yes. >> No problem. a proposal. >> So, I have two months.
>> We're not yet. We haven't voted yet. Just hold on a second. You might get it. if he so chooses can come in for a fine reduction request. >> Thank you. >> I'll second. >> I >> thank you so much, guys. Appreciate.
>> Good night. The next case is under old business in section six and it's 6.1 for the address 910 Northeast 120th Street. This is for case number EN
18-0753. Property owner is Frank Martin Martin. intent to lean for $100 that was that has been unpaid for the last eight years or nine years. Eight years
still non-compliant. This violation was for a recreational vehicle trailer that was parked in the driveway behind um not obscured from the view of a public street. >> Have you had communication with this?
>> We tried to communicate. There was no answer at the door. We don't have any email address for this person. This is a very old case from 2018 that we found in the records and it's just been outstanding. So we would it was an order
of enforcement. So we are asking that we lean the property for $100 >> for $100. >> Yes. >> Um normally I'm all in But when you consider
the fees I mean it's >> no I'm usually all in but >> to lean $100 I mean we would have Yes. >> Yeah. I mean >> 50 administrative but today that makes it 50 during his ruling on the case.
>> Well that that's what I was going to suggest. move forward um um requesting the lean to be filed is that we ask for 250 administrator. >> Okay. Thank you. >> So that was our cost and um there's $100
that would be out there and I believe >> 18% yes. They forgot about the ads that >> and and that's not to be punitive. It's just that paid and property still in the same >> right >> and the filing fee would be about like 2030 bucks you said
>> around 21. >> Yeah. Yeah. Yeah. >> To add on to that. Okay. If there are no other questions, I'd like to make a motion on case number EN-18-0753. Uh have requested the village move to lean $100 plus an administrative fee of
$250. >> I'll second. All in favor? >> I oppose. Motion passes 4 Z. The next case is 6.2 for the address 920 Northeast 108th Street. It's for case
number CE-26-0028. Um Elan Hammani Hamami is the property owner. We're asking for an intent to lean has the fines have accumulated uh to $7,000 found to be in violation of chapter
5.6.1A1 off street parking. the property does not have an approved parking service. Now, this gentleman uh came to the office and he asked for more time because he has a medical hardship. He has had several surgeries and hasn't
been able to get he himself together to apply for a permit. This will be up to the board. We have filed an affidavit of non-compliance >> right now. Um >> but he has come in and made an effort. Wasn't that back in February? And did he
come in recently? Because I see that before we >> He came last week. Yes, >> last week. >> See, that was all email. I think this probably >> he came in person. >> And did this resident have notice of tonight's hearing? >> Yes, he did.
>> Do we know why he is not here? Well, I did ask him to come because I I explained to him his personal testimony would be very compelling and it is a compelling testimony because when you look at him, you will see the scars of his surgeries there like everywhere.
>> One other question. Did he have any indication that he intends to move forward with applying for? >> He said he has. Yeah, he showed me text messages. He's been talk talking to um contractors back and forth and he is looking for someone, but he's been on
such heavy medication that sometimes it's not easy to comprehend what he's doing. >> Who is he married? Does he have a significant other at the house? Did you communicate with anybody other than him? >> I did not ask that question. I'm sorry
you do that. Well, no, I'm just wondering because I'm looking in I'm looking at his file and there are there are things in here which, you know, just like the police reports, you know, you read them, but there's nothing to really back it up. Uh, you know, if there was a family representative or somebody here
that says, hey, you know, so and so has got these issues and, you know, there'd be something to to look at and and as compelling as it is, it's it's not sworn testimony. And that's the same problem that I have with, you know, we talked about before. So
>> mentioned that he gets very nervous to speak in public. So he didn't feel comfortable. I may not >> I mean we have we have we >> we have a zoom link as well. So from the comfort of his home I mean I think that you know >> suggest all that. >> We and you suggested all that. Okay. I
mean it's I mean the bottom line is is that when did we get into this you know compliance thing for the driveways? It's been a few years now right? >> Uh January of 23rd. >> Yeah. some driveway. >> No, I mean I mean the the the changing of our driveways that that whole thing
has been years in in the making. >> So, but some some of the driveways were not as bad. So, some of them have deteriorated over the years and this is why we issue violations now. >> Okay. >> I have no problem giving you more chance
because the daily fines are kicking in anyway. >> Um before we do the lean, I mean >> Amy, I love it. I love it. Make your motion. I'm going to second it. Okay. In C2
6-002H, violation has occurred. Give the property owner until September 29th. >> How? >> To obtain and pay for a permit. In the interim, the daily fines are to continue
until such time as the project is completed and final. >> I will proudly second. >> If there's no um permit obtained, are you directing the village? >> Thank you. >> Thank you. Yes. If no permit is obtained
by 929, then the village can move forward with the lean inclusive of all filing fees >> and a $250 admin. I'll repeat it so that Vanessa can get all my notes.
Give the property owner until September 29th to obtain and pay for a permit. Daily fines to continue until such time as the project is completed and final. If a permit is not obtained by 929,
village is to proceed with the lean in the amount at that point inclusive and including filing fees and an admin fee of $250. >> I'll second in favor.
>> I motion passes for zero. Did you say >> no admin fee of 250? Right. Next item is 6.3. No, we did that one. 6.3. It's for the property located at
931 Northeast 120th Street. It's for case number C26-0126. Property owners at 3 931 Northeast 120th at LLC. Um, this is an intent to lean non-compliance for landlord
registration. We don't have a registration applied for as of today. Fines have run up to $4,000 and we are asking that the board go ahead to link this property.
>> We haven't had any communication. We tried to reach out but Did the certified letters come back or did they get them? >> Okay. >> At the certified mail and we posted the property >> and this is nonhomesteaded property
questions. I'd like to make a motion-16 violation occur and direct village the property of $4,000 as of today's date $250 administrative fee and
>> I'll second. All in favor? >> I opposed. Motion passes 4 Z. Next case is 6.4 and it's for the address 11315 Northeast 9th Court. Property address is CE-2 I'm sorry
that's E-26-0165 and the property owner is P R E P4 LLC in care of the registered agent Bon Alvarez law uh they are asking for more time in
violation of section 186.13 temporary construction um they do have a construction permit for new construction under review by the building department and we just need to give them more time um to be able to go
through that process. >> Yeah. >> Um days >> and and and this is just because the temporary construction fence has just met its end. Okay. So it's not that it's in bad shape or anything because >> No, it expired then they just have to
renew it. In fact, I had a meeting with a building official regarding this case and they may just extend um the expiration of the fence or they may have them apply for a new fence, but they won't have them take it down because it's already up. >> They had it up because they had a demo
on the property. >> We give them two months September 16th, >> which you suggested 90 what? >> They have um Okay. Construction permits in review. >> October 14th at work. Okay.
In I'm sorry. >> In case number 26-0165, uh, violation has occurred. Allow the property owner an extension till October
14th. >> Second. All in favor? >> I motion passes 4. >> Did you hear that? He's on Zoom. >> Thank you very much. >> On Zoom. >> I forgot. I'm sorry. >> We were compelled by your testimony.
>> Thank you very much. Bye-bye. >> Doesn't need to be. Oh, >> I still here. Just turn off my camera. Sorry. It's >> okay. >> Thank you. Good luck.
>> Next item is 6.5 and is for the address 11801 Northeast 10th Avenue. Case number CE-25-0942. Property owner is 11801 Northeast 10th Avenue LLC in care of the registered
agent Estra Estra. I mean, I've had to say this name so many times I still can't pronounce it. I'm sorry. Bantis >> esters. That's what he said. We have filed a non
um affidavit of non-compliance on this case asking for an intent to lean found to be in violation of section 8.4.31B property maintenance for accumulation of trash large piles of dry vegetation. The
leans, the fines have run up to $11,215. Oh, they run from 213, 2026 to 25. No, New Year's. I'm so sorry. Yes, they the fines run from January 1st, 2026 to
February 13, 2026. The total amount is 11,215. So, this is about trash that was there that they got the fine. They they didn't pay it. So, the daily fines been going. Is the trash gone? >> Yes, >> is now gone. They're in compliance, but they are non-compliant for the fines
that haven't been paid. >> And have you had communication with the resident about that? >> Yes, Raphael. >> Yes. Um, yes, I have. >> Have you been sworn in? I'm just kidding. Um, yes, I have. And um he's just not
doing anything. Um >> I mean what conversations have you had >> is I'm going to come I'm going to apply for a reduction. I'm going to go to the village hall. Thank you for calling. LA >> So he knows you had communication and he received notice of tonight's hearing.
Mhm. He was in office >> and these violations >> and what and what would and what was happening when he was was in the office was visiting or was he applying >> Raphael about he'll do what he's supposed to do and then he doesn't. >> Okay.
94 second. All in favor? >> I oppose. Motion passes. >> The next case is 6.6 for the address 120. We just did that one. Okay, we did that. That's the
kitchen. It's 6.7. Address 120 35 Northeast 5th Avenue. Case number CE-26-0083 Richard Bernan Costa and Richard Costa asking for an intent to lean to be in
violation of section 16.13.1 for exterior paint. They used approved an approved color for the roof. Yes, fines. They haven't um complied um as of
today and um fines have run up to $7,250. Any communication with anybody? >> Yes, >> yes, I have. Um my my apologies. Um I have called him
several times. Um but the phone um you're not able to leave messages. He says something is not set up or uh so I haven't been able to speak with him. Um I do see their vehicles park. I knock on
the doors but no one comes out. So there's no comm community. I I've never met them. So, >> so you made several attempts? >> Yes. Several several several. Uh >> yes.
>> And and when we adjudicated this, did the owner come in that time? No. >> No. They've never been in front of us. >> Did they get a And they did this without a permit, too? >> Yeah, they have. Um Yeah. Yes, they do. Uh because it's in unapproved color.
>> Yeah. >> Oh, I see. and and um just just just to add um Gage uh likes the color and he said all he had to do is come in here and apply. We're not going to deny it because it's a nice looking color and it and it blends well with the village and
so you just have to apply and yeah. Okay. >> It's a simple process. Um, I mean that's a classic example of if you can't ignore a problem, expect it to
go away, it just gets worse. And that seems to be what happened because it seems like there's an easy solution, but he's not >> he's not doing what we've been attempting to tell him and have told him with our notices >> and I found it very unusual because most
residents are very, you know, they come forward. My opinion doesn't really count, but I mean it's hard to believe they'd have a hard time. >> Yeah. >> Yes. case number C-26-83.
I'll second all in favor. Any opposed? Motion passes. >> Next case is 6.8 for the same address and same property owners number C-26-0164. This is another intent to lean found to
be in violation of section 5.3.4 4D objects on the SW. They have since complied um that the $500 that was assessed for administrative cost violation fine have
not been paid. >> Well, let me ask this question. Um, if they complied, they would have received a notice in the mail about a violation and specifically about that. Okay. Because none >> order. >> Okay. Because that was there was no
communication still even with regard to this one. Correct, Raphael? >> At all. And and if and in fact they did remove the um triangle, but he went ahead and put a one of those green children, >> another little
>> Yeah. So I don't understand what and and the traffic in that Fifth Avenue is really under control. >> Oh, really? >> Yes. um the the construction that's going on. They've been really respectful, >> but because we've also during we've gone
there, we put up um those orange >> cones >> um plastic. >> Yeah. So, I don't understand. So, he hasn't been cited yet for that. He's not supposed to have that. So, he will get cited, >> right? >> Uh but I will make another attempt to go
and knock on the door and let him know because like I said, I've never met him before. So, and Yeah. Well, >> it sounds like he doesn't want to meet you. >> I know, right? I wish I put it in shot because everybody wants to meet me now.
>> I'll go there, Michael. >> Oh, there you go. There you go. That's what it That's what it will take. >> Someone would like to make a motion village of $500. Second. All in favor?
>> I pass. >> Next item. Section 7. New business. It's 7.1 for 1015 Northeast 112 Street. is case number C-26-000099 for Brickin Police LLC in care of their
registered agent Harvard Business Services Inc. We asking for an order of enforcement found to be in violation of section 8.4.3.1F roof maintenance. They are still non-compliant and very
nonresponsive and the house is for sale. No communication, Raphael? Uh, >> nope. Nothing good. They were good for at some point, but then the communication just dropped.
Um, I find out that the property is up for sale. Uh, so none of the realtor that is managing the property, uh, they came here in front of us actually. Um, they she's just not responding. Uh, no, not Nancy. is another company uh
in Miami Beach um Morgan something >> I do see this is >> yes it's a rental property and is uh is a Delaware register >> company uh and I also reach out to the
Delaware um registered agents and they did acknowledge receiving our documentation uh and they forward for it to the owners but they could not display the owner's
address. So, okay. No further questions. I'd like to make the violation by August 15th. do it >> by August the 14th or $250 per day there.
>> I'll second. All in favor? I >> oppose. Motion passes 40. Next item is 7.4. 9115 Northeast 11 Court case number C-26-0240 Michael Bitner
asking for an order of enforcement found in violation of section 16.3.1 building permits required. Uh an 8 by8 foot area was enclosed with a wood border and filled with flash limestone
without obtaining a permit. And what does that fall under? Is that a driveway? >> It >> violation. >> I can see that. >> You know, when they do driveways, they're supposed to leave a certain amount of space with green greenery and
they just built that thing that they need to park on, but it's not. >> What if What if they put what if what if they did that to put a swing set on there? Would that be would that be okay? >> What? I mean in other words in other words it's an 8 by8 square with rocks in
it right so is is is the perspective that you're bringing this violation is that that is going to be used as a parking service s surface >> you say yes to that belt it for parking but they've decided they're going to take it out and plant some
>> okay the if I may ask the property owner um actually I don't think he's the property owner I think he's related to the property owner Um Mr. Michael came and he met with uh Miguel Nunes the assistant building official
and so Mr. Britner present to Miguel the the the plans the picture and so uh Miguel um also suggested there was no clear purpose of usage. Miguel didn't
understand what they were trying to do. So, um, Miguel suggested that it go in front of the planning and design board as a discussion item, present their idea for the design planning to help them out. Um, yeah,
>> right. I mean, because you can do anything on that thing. >> And then he said he told me that he was going to send me an email um requesting an extension. I never got it. Um, and I went by today and the still the pile of
lime rock is still there as well as the >> Is there a car parked on this on those rocks? >> No. No. No. >> Is the chapter that he's cited under uh shall be unlawful to construct, enlarge, alter, repair, move or move or
remove or demolish any building structure or any part thereof. Right. >> Right. >> Is that something legal that you did? That's an issue. But the other issue is
I just don't >> voted. >> I I agree with you, Jamie, and that's what I had questions down here. >> Um because me I I mean me, they may be putting a little table and chairs out there, >> right? or a swing set
>> that would be there or a swing set. The the issue would be the pile of rocks that remain on the tarp me and whether those other rocks remain. If I see a car parked on there, that's decided, >> right? >> I like that.
You'll find out. >> Okay. If nobody has any other further questions, any comments have >> in C-26-0240, I make a motion that the case be dismissed. >> I'll second. >> All in favor?
>> I believe those were all the cases we had for this agenda tonight. >> Look, it's 7 o'clock. No. >> There were there were we got a little carried away. At least I did.
>> I did. >> Well, the only thing I saw and I was nothing. I had that. I had >> Yes, I had that, too. >> Oh, okay. Well, on 6.2, I believe um uh
Vice Chair BLE and I had in the case of Judy tonight. >> Good. Okay. I'll make a motion to approve the June minutes with those two correct. Um this one one not really a discussion
point but on this short-term rental notices uh I mean uh permit or license do you does the village go out and inspect the property at the time >> and do we note the number because I
believe as I read it the number bedrooms and are can we limit the amount of overnight guests per there? So, if they're two bedrooms, I can understand there might be a pull out couch. To me, that would be about six people, maximum eight.
>> But what I'll do, >> this this property, I believe, got some permits to adjust the inside of the house. And there's a part of the house that has been converted to, >> but I I'll have to go back system and
confirm that the permits went through and all of that >> because our inspection we have seen to extra bit. >> Okay. No, I was just wondering for any property and um >> Oh, yeah. We do we do check the number of and we have it
>> 14 is a lot I think even with four bedrooms. >> What they've done in one of the bedrooms is they have bunk beds. So they have like one room, four bunk beds and then four bunk beds and garage is also converted to a bedroom and that's something I'll check to make sure they
get a motion to Second.